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COLE v. STATE , 495 P.3d 670 ( 2021 )


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    COLE v. STATE
    2021 OK CR 26
    495 P.3d 670
    Case Number: PCD-2020-529
    Decided: 08/31/2021
    BENJAMIN ROBERT COLE, SR., Petitioner v. THE STATE OF OKLAHOMA, Respondent

    Cite as: 2021 OK CR 26, 495 P.3d 670

     

    ORDER VACATING PREVIOUS ORDER AND JUDGMENT
    GRANTING POST-CONVICTION RELIEF
    AND WITHDRAWING OPINION FROM PUBLICATION

    ¶1 Based on the Court's decision in State ex rel. Matloff v. Wallace, 2021 OK CR 21, ___ P.3d ___, the previous order and judgment granting post-conviction relief in this case are hereby VACATED and SET ASIDE. The issuance of the mandate in this case was previously stayed by this Court on May 28, 2021, and no mandate has issued. The opinion in Cole v. State, 2021 OK CR 10 is WITHDRAWN. The Court will issue a separate order addressing Petitioner's claims for post-conviction relief at a later time.

    ¶2 IT IS SO ORDERED.

    ¶3 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 31st day of August, 2021.

    /S/SCOTT ROWLAND, Presiding Judge

    /S/ROBERT L. HUDSON, Vice Presiding Judge

    /S/GARY L. LUMPKIN, Judge

    /S/DAVID B. LEWIS, Judge

    ATTEST:
    /s/John D. Hadden
    Clerk

     

    Citationizer© Summary of Documents Citing This Document
    Cite Name Level
    Oklahoma Court of Criminal Appeals Cases
     CiteNameLevel
     2021 OK CR 28, COLE v. STATECited
    Citationizer: Table of Authority
    Cite Name Level
    Oklahoma Court of Criminal Appeals Cases
     CiteNameLevel
     2021 OK CR 10, 492 P.3d 11, WITHDRAWNCited
     2021 OK CR 21, 497 P.3d 686, STATE ex rel. MATLOFF v. WALLACECited







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